NY A00380

Prohibits bad faith assertions of patent infringement in New York, creating a presumption of bad faith when the person asserting infringement is not using, has not used, or does not intend to use the patent in actual production, development, licensing, or commercialization of goods or services

Establishes specific factors courts must consider when evaluating bad faith, including whether demand letters contain required information (patent number, owner details, specific infringement allegations), whether the sender conducted a proper analysis before asserting infringement, and the sender's litigation history

Provides defenses against bad faith claims for original inventors, higher education institutions, technology transfer organizations, and those who have made substantial investments in using the patent or demonstrated good faith enforcement practices

Allows victims of bad faith patent assertions to recover equitable relief, attorney's fees and costs, and exemplary damages of $50,000 or three times total damages (whichever is greater)

Authorizes the Attorney General to seek injunctions against persistent violators and impose civil penalties of up to $50,000 per bad faith assertion or three times total damages, whichever is greater